IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 7257 of 2008()
1. PRINCE, S/O.PRABHAKARAN, PRINCE BHAVAN,
... Petitioner
2. AJAYAKUMAR, S/O.VISWAMBHARAN,
3. ANILKUMAR, S/O.PRABHAKARAN,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.K.V.ANIL KUMAR
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :04/12/2008
O R D E R
K.HEMA, J.
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B.A.No. 7257 of 2008
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Dated this the 4th December, 2008
O R D E R
This petition is for anticipatory bail.
2. The alleged offences are under Sections 143, 147, 148,
149, 452, 323, 324 and 427 of the Indian Penal Code. According to
prosecution, petitioners (accused 1 to 3), along with six other
persons committed house trespass into the house of de facto
complainant and armed with deadly weapons assaulted de facto
complainant and his sister and they sustained injuries. Motive for
the crime is that the accused abused a woman in the locality.
3. Learned counsel for petitioners submitted that de facto
complainant had used obscene language against a woman in the
locality and people of the locality assaulted de facto complainant.
But petitioners have not committed any offence and they have not
committed house trespass. The allegation of house trespass is false,
it is submitted.
4. This petition is opposed. Learned Public Prosecutor
submitted that there was a definite motive for the accused to
commit the offence. Petitioners’ names are mentioned in the FIR
itself. They have assaulted not only the de facto complainant, but
his sister also and both of them sustained injuries. They were
BA.7257/08 2
hospitalised also. They have also used sticks for commission of the
offence. It is submitted that first accused is involved in other crimes
also on similar nature and it is not a fit case.
On hearing both sides, I am not satisfied that considering the
nature of allegations made and the nature of the investigation
required, it is a fit case to grant anticipatory bail. The incident
happened as early as on 2.11.2008 and petitioners are bound to
surrender before the investigating officer without any delay and co-
operate with the investigation. Whether they surrender or not,
police is at liberty to arrest them and proceed in accordance with
law.
This petition is dismissed.
K.HEMA, JUDGE
vgs.